Section 30892 - Honorable Discharge Hearing(a) An honorable discharge hearing shall be scheduled to occur as soon as practical but no later than 60 calendar days from the date a complete application has been received. (1) The applicant shall be notified of the date, time, and place of the scheduled hearing at least 10 calendar days prior to the hearing.(2) The applicant shall be notified of the right to appear before the Board at the hearing and to submit any additional information.(3) The timeframe in subsection (a) may be extended up to 30 calendar days upon request of the applicant.(b) The Board shall review the following:(1) All information submitted by the applicant as part of the petition for consideration as outlined in section 4994.3;(2) Summary probation report, if available;(3) Records of a criminal conviction or juvenile court adjudication in any jurisdiction;(4) Any Division record regarding the applicant deemed relevant by the Board; and(5) Any additional information requested by the Board.(c) On a case-by-case basis, the Board shall consider the totality of circumstances when making a determination whether the applicant has desisted from criminal behavior and shown sustained effort relative to the areas outlined in section 4994.(d) Based upon a preponderance of the evidence presented, the Board may: (2) Deny the petition; or(3) Issue a stay of proceedings.(e) Honorable discharge decisions shall be documented on a hearing order that includes a statement of reasons for the decision.(f) A copy of the hearing order shall be provided to the applicant within seven calendar days of the hearing.Cal. Code Regs. Tit. 9, § 30892
1. New section filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21). Note: Authority cited: Sections 1712, 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1177, 1178, 1179, 1723, 1766 and 1772, Welfare and Institutions Code.
1. New section filed 5-20-2021; operative 7/1/2021 (Register 2021, No. 21).